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Leave to remain and EEA nationals
I have a client who is a Lithuanian nation who was granted indefinite leave to remain in 2006. It struck me as odd at first that an EEA national had been granted ILR but having looked at s7 of the Immigration Act 88 it seems that the waiving of the requirement for leave to remain only applies where the EEA national is exercising a treaty right. Since my client arguably wasn’t exercising a treaty right (DWP certainly don’t think she was) then there does not seem any reason that she could not be granted ILR. Has anyone else come accross an EEA national being granted ILR?
Hi,
I have a Romanian client who has been in the UK for 14 years unlawfully (entered the UK before Romania joined EU).
An application can be made for ILR if the applicant has been in the UK lawfully for a minimum of 10 years or for unlawful residence after 14 years.
Could this be the case for your client?
Chaos